174 A. 72 | Conn. | 1934
The complaint in this case alleges that on May 3d 1933, and for several weeks prior thereto, the plaintiff's intestate was living with her sister, the defendant, another sister and their mother in West *642 Hartford. In the previous December, the husband of the plaintiff's intestate died and was buried in the family plot in the Grove Street Cemetery in Putnam, which plot has a monument in the center with a marker at each grave. The defendant suggested to her sisters and mother that they go to the cemetery for the purpose of agreeing on a marker that in appearance and construction would be in harmony with the surroundings, to arrange for the grading of the entire plot, in view of the fact that the ground had sunk at places, and to designate the graves for the rest of the members of the family as well as to arrange for their future supervision. It was thereupon agreed that it was for their mutual advantage that a trip to the cemetery be undertaken for these purposes, and on the morning of May 3d 1933, the trip was undertaken in an automobile owned and operated by the defendant in which were riding with her the plaintiff's intestate, their sister and mother. It was further alleged that due to the negligent operation of the automobile by the defendant, it left the traveled portion of the road and crashed into a tree, whereby the plaintiff's intestate was killed. The automobile was one purchased by the defendant and used and maintained for her use and pleasure and that of the members of her family living with her, of whom the plaintiff's intestate was one.
The complaint was demurred to upon the ground that it appeared therein that the plaintiff's intestate was a passenger in the automobile, and that there was no allegation that the accident was intentional or caused by the defendant's heedless or reckless disregard of the rights of others; and that there was no fact alleged sufficient to take the case out of the operation of the "guest statute," General Statutes, § 1628. The demurrer was sustained and, the plaintiff refusing *643 to plead over, judgment was entered in favor of the defendant, from which the plaintiff has appealed.
The only question involved in this appeal is whether the plaintiff, under the allegations of the complaint, was a guest within the meaning of this statute. The purpose of this legislation was to deny a recovery for negligence against one transporting in his automobile a member of his family, a social guest, or a casual invitee in an action brought by the recipient of his hospitality. Russell v. Parlee,
In Kruy v. Smith,
Although the complaint in the present case alleges as a conclusion of law that the plaintiff's intestate and the defendant were engaged in an enterprise for their mutual benefit, if the subordinate facts alleged do not support this conclusion, the mere allegation is not sufficient. Milaneseo v. Calvanese,
The trial court did not err in sustaining the demurrer.
There is no error.
In this opinion the other judges concurred.